Decision 0367E – Oakland Unified School District

SF-CE-469

Decision Date: December 16, 1983

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15008

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02016 – Calendar

Calendar within scope; p. 34.

1000.00000 – SCOPE OF REPRESENTATION
1000.02062 – Holidays

Holidays within scope; p. 34.

1000.00000 – SCOPE OF REPRESENTATION
1000.02064 – Hours of Work

Hours of work within scope; p. 33.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Employer Financial Position

Unilateral action of implementing school calendar not justified by operational necessity based on community pressure and potential confusion in education program; pp. 36-37.

1000.00000 – SCOPE OF REPRESENTATION
1000.02095 – Overtime Pay

Overtime pay (assignment of overtime hours) is within scope; p. 28.

1000.00000 – SCOPE OF REPRESENTATION
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear

Reduction in hours within scope; p. 32.

1000.00000 – SCOPE OF REPRESENTATION
1000.02137 – Subcontracting

Subcontracting within scope; p. 23. Test for subcontracting is whether the acts evidenced a change in the quantity and kind of prior practice in this area. Westinghouse test for legal subcontracting not satisfied here. Adverse impact inherent in finding of unilateral change; p. 25.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

Ten-fold increase in magnitude of subcontracting evidenced a change in quantity and kind and constituted unilateral change in established policy; p. 24.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

A violation will be considered de minimis or technical only where it is promptly rescinded and without effect on employees. Unilateral adoption of calendar which changed holiday not de minimis; p. 37. No violation found in unilateral adoption of calendar where found that employer only intended to adopt student calendar and not employee calendar; p. 37.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

Where response to single request for information not fully responsive and union never reasserted or clarified request, no failure to provide information was established; p. 27.

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.04000 – Circumvention of Union; Direct Dealing With Employees

District unilaterally reduced hours in face of union's repeated requests for information and negotiations and compounded its unlawful conduct by bypassing union and dealing directly with employees, individually negotiating changes in assignments and hours; p. 33.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.03000 – Back Pay; Interest

District ordered to pay to persons denied overtime as result of unilateral change in overtime system overtime they would have received but for unlawful action; also, overtime lost as result of unlawful unilateral change in holiday; ordered to pay interest on all payments; p. 40.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.07000 – Restoration of Status Quo

District ordered to restore status quo ante as it existed prior to unilateral increase in subcontracting activity and to return to status quo ante, employees adversely affected by change in policy that resulted in reduced hours for some employees and transfers for others; p. 40.